Correcting information in the Births, Deaths & Marriages Register and certificates

The Births, Deaths and Marriages Register (the Register) is a permanent record of life events that have taken place in NSW. Section 45 of the NSW Births, Deaths and Marriages Registration Act 1995 (the Act) sets out the limited circumstances under which it can be corrected.

The purpose of the policy is to:

• ensure that any corrections made maintain the integrity of the Register and prevent identity fraud
• provide guidance to people applying to correct a record on the Register.

This policy covers the most frequently requested corrections. Other requests will be considered in line with the criteria set out in Section 1.1 of this policy.
 

A record may be corrected in the following circumstances:

1. a court makes an order or a finding that requires a correction
2. there is clear evidence of an administrative error or omission by either the Registry or the person who completed the original application   
3. the Registrar determines that there is more accurate information about a registrable event
4. there is sufficient documentary evidence to support the addition of a parent to a birth record in accordance with Section 20 of the Act
5. Corrections to records held in the Register are not made solely to accommodate applicant preferences or as an alternative to a formal change of name registration.

A history of a correction will always be retained in the Register. In most cases, a notation indicating that information has been corrected will be included on a certificate reproduced after the correction is made.  

Any person entitled to access a record under the Access Policy or a person who has a legal reason may apply for a correction. Requests are made by completing a Correction Application and providing supporting evidence. Further information may be requested during the assessment process.

If a correction is approved, a new certificate will be issued at no charge if the correction is due an error or omission by the Registry. Under all other circumstances, a standard certificate fee will apply. The Registry’s Fee Waiver Policy can be accessed here.

In determining whether a correction can be made, the Registry will consider directly relevant evidence provided with the application. Applicants should include documentation that supports their application such as birth, death and marriage records, immigration and citizen papers, identity documents, DNA evidence, administrative records and legal documents. The Registry may ask for further information after reviewing the application. 

Documentation is to be provided in English. Any translations must be made by a translator accredited by the National Accreditation Authority for Translators and Interpreters (NAATI). If the Registry engages the services of a translator, a fee may apply. 

A birth record contains the information that was required under law and provided at the time the birth was registered. Birth records will not be corrected outside of the criteria detailed in Section 1.1 of this Policy. 

An alteration to a registered name will almost always require a change of name application.  In determining whether a name can be corrected without the need to register a change of name, the Registry will consider evidence such as Australian and international birth registration records, immigration paperwork and other forms of documentary evidence.

In limited circumstances, minor corrections to the spelling or punctuation of a name may be made where there is clear evidence of an administrative error or omission.

A correction may be made once to the name of a newborn child where all the following conditions are met:  

• the correction relates to a minor spelling or punctuation, or the inclusion or exclusion of a middle or other given name
• the parent/s recorded on the birth registration statement apply for the correction within four weeks of a birth certificate being issued, or within eight weeks of the registration if no certificate has been issued
• the parent/s or guardian/s have not applied for any other identity documents (e.g. Medicare) and provide a statutory declaration stating this fact.

Where these conditions are not met, the parent/s may apply to register a Change of Name of name for the child. 

A parent’s name at the time of the birth will not be changed if it was recorded correctly in the Register in accordance with the birth registration statement, even where the name has been subsequently changed.

A notation may be added to the birth record of a child to indicate that a parent has registered a change of name after the birth occurred or was previously known by another name where there is supporting evidence. 

A parent may be added to a birth record in line with the criteria set out in this section of this Policy. An application to add a parent to a birth certificate must be completed, the required identification provided, and relevant fee paid. 

In cases where the parent/s of a child can’t be clearly established, parentage may be presumed due to marriage, cohabitation or a fertilisation procedure as defined in the Status of Children Act 1996 any other law which provides a similar entitlement. 

A parent may be added to a birth record (including a pre-adoptive birth record) where: 

• Both parents make a joint application to add a parent
• A court orders the inclusion of the information in the Register or makes a finding that a particular person is a parent of the child
• One parent makes an application and:
  • the other parent cannot join the application because they are dead or cannot be found, or for some other reason, or
  • the Registrar is satisfied that the other parent does not dispute the correctness of that information
• The Registrar may make a presumption of parentage under the Status of Children Act 1996, or where they are otherwise satisfied that parentage can be established.
• DNA evidence may be used to establish parentage if supported by substantial corroborating evidence such as family documents, pre adoptive information or statutory declarations from people who have relevant knowledge of the birth or parents.

If an applicant believes that a parent has been incorrectly recorded on a birth record, the Registry will require supporting evidence to remove the parent from the record. For example, the results of DNA testing or other evidence.

If a parent is included on a birth registration due to a court order or finding or is the spouse or de facto partner of the birth parent who consented to the fertilisation procedure, a court order or finding is required to remove that parent. (see Sections 14(1), (14(4) and 17 of the Status of Children Act 1996)

The Registry may add a notation about a marriage that occurred after the birth of the child in line with Section 89-91 of the Marriage Act 1961. A copy of the legal marriage certificate issued by a government body will be required for this type of correction.  

A marriage record can be corrected in line with the criteria set out in Section 1.1 of this Policy.  A marriage celebrant can apply to correct the Register on behalf of a couple they have married within 60 days of the marriage registration. Alternatively, either spouse can apply to correct the Register at any time.

Clear evidence of a spelling error or omission is usually the only circumstance under which a marriage record or certificate may be corrected. 

Retrospective corrections or changes to a person’s name or descriptor (bride, groom, or partner 1 or 2) cannot be made to a marriage record or certificate if the information is inconsistent with the official certificate of marriage prepared and signed under Section 50 of the Marriage Act 1961 (Cth).

If either spouse changes their name or sex after the marriage occurred, a notation may be added to the record and certificate with the consent of both parties.

A death record can be corrected under the limited circumstances outlined in Section 1.1 of this Policy.  

A funeral director can apply on behalf of the informant or family within 30 days of the death registration.

Alternatively, the informant, a direct family member or a person administering the estate can apply to correct the Register at any time. 
The Registry may make enquiries with other parties recorded on the death record for further information.
 

The Registry will generally not correct the name of a person on a death record or certificate unless there is clear evidence of a recent spelling or typographical error.

A notation of an original name, for example if the deceased person’s name has been anglicised, may be included on the record or certificate with appropriate supporting evidence, such as a birth certificate, passport, or immigration papers with the original name.
 

The date, sex, place or cause of death of a deceased person are provided to the Registry through a Medical Certificate Cause of Death or Coroner’s order, which is completed by a medical practitioner or a coroner. In most circumstances, correcting these fields requires the medical practitioner or coroner to correct the Medical Certificate Cause of Death or Coroner’s order and resubmit it to the Registry. 

To correct a death record by adding or removing a de facto partner on the record, the Registry will make enquiries with both the informant and/or next of kin, the applicant and the person to be added or removed (if different to the applicant). If all parties agree, the correction may be made.

If the parties disagree, the Registry will request further supporting evidence to inform a decision.

The definition of a de facto partner and de facto relationship is set out in Section 21C of the Interpretation Act 1987. A person is considered a de facto partner if:

• They have a relationship as a couple living together, and
• They are not married to one another or related by family

A de facto relationship can exist even if one of the people is legally married to someone else, or in a registered relationship or interstate registered relationship with someone else.

To determine if two people were in a de facto relationship, the Registry considers all circumstances of the relationship including:

• Whether the relationship existed immediately prior to death
• Duration of the relationship
• Nature and extent of their common residence
• Whether a sexual relationship existed
• Degree of financial dependence or interdependence, and any arrangements for financial   support, between the deceased and the other person
• Ownership, use and acquisition of property
• Degree of mutual commitment to a shared life
• Care and support of children
• Performance of household duties
• Reputation and public aspects of the relationship
   

A correction to a change of name record or certificate may be made in line with the criteria set out in Section 1.1 of this Policy.  

The Registry will not correct a person’s name on their birth certificate on the basis that a person registered a Deed Poll or Instrument Evidencing Change of Name prior to 1996.

A formal change of name must be registered at the Registry to include a Deed Poll or Instrument Evidencing Change of Name on a birth record. 

An application to register a change of name must be completed, and the required identification provided with a copy of the Deed Poll or Instrument Evidencing Change of Name, and payment of the fee.

A correction to a registered relationship record or certificate may be made in line with the criteria set out in Section 1.1 of this Policy.

In most cases corrections to family history records will not be made due to the age of the record and impact the correction will have on other records held by the Registry.

The older records held by the Registry can be incomplete if details were not provided at the time. These records can also include spelling variations and other errors. All Registry certificates are a complete version of information that was recorded at the time the event was registered.  

Early church records, including baptisms, burials, or marriages cannot be corrected as these records are not Registry records and belong to the church.

Public record indexes are available to be searched free of charge online and family history certificates are available to be purchased. The Registry is aware that the indexes may have typographical errors or information in the incorrect field. The errors on the index may be corrected.